SECTION 84.81. Recordkeeping Requirements

(a) A driver training provider must accurately complete all records and applications and furnish upon request any data pertaining to student enrollments and attendance, as well as records and necessary data required for licensure and to show compliance with the legal requirements for inspection or audit to authorized representatives of the department. The records must include timecards for driver education instructors and schedules that reflect the duties and instruction times for instructors that correlate to the times that are shown on timecards.

(b) The driver training provider must retain all student records for at least three years. A driver training provider must maintain access to the records for the students who completed driver training at its licensed location within the last twelve (12) months. The driver training provider must maintain all other driver training records at a location accessible by the provider after twelve (12) months. Providers with no current enrollment may request approval from the department to transfer records to the primary provider or another licensed location.

(c) A driver training provider must maintain a written or electronic daily record of attendance, including makeup sessions, if applicable, for all students enrolled with the provider.

(d) Each driver training provider must retain a copy of the DE-964, ADE-1317, or uniform certificate of course completion for driving safety in the appropriate student files.

(e) Each driver training provider must, upon request, furnish each individually contracted student a duplicate of his or her instruction record when all the courses contracted for are completed or the student otherwise ceases taking instruction at or with the provider, provided all financial obligations have been met by the student.

(f) Driver Education Provider Student Records.

(1) The individual student record form (classroom instruction) for all students must include the following:

(A) the name, license number, and address of the provider;

(B) the full name, full address, telephone number of the student, and date of birth;

(C) the date instruction terminated, if applicable;

(D) the date(s) of instruction;

(E) each topic of instruction completed;

(F) the grade earned for each unit, if applicable; and

(G) the initials of each instructor providing the classroom instruction. The instructor's signature and license number shall appear at least once on the form.

(2) The individual student record form (in-car instruction) must contain the following entries:

(A) the full name, full address, telephone number of the student, and date of birth;

(B) the date(s) of instruction;

(C) each lesson of instruction;

(D) the score earned for each lesson;

(E) the driver or learner license number held by the student; and

(F) the instructor's name and license number or instructor initials (if the instructor's name and license number appears at least one time on the record).

(g) Each driver education provider must report certificate data in a manner and format prescribed by the Department within 15 calendar days after the certificate issuance for each phase. This includes the "For Learner License Only" portion of the Texas Driver Education Certificate and the "For Driver License Only" portion of the Texas Driver Education Certificate.

(h) Driver education providers must not release student records that identify the student by name or address, or may lead to such identification, except:

(1) to authorized representatives of the department;

(2) to a peace officer;

(3) under court order or subpoena; or

(4) with written consent of both the student and at least one parent or legal guardian if the student is under 18 years of age.

Source Note: The provisions of this §84.81 adopted to be effective June 1, 2023, 48 TexReg 2702